How Much Can Each Beneficiary Get When There is No Will

If your relative dies without leaving a will, they are referred to as dying intestate.

A will, therefore, makes things much easier in terms of the distribution of a deceased’s estate, assets owned by the deceased or which he/she was entitled to at the time of death, as it would clearly state who gets what and how much, if anything at all. When someone dies intestate, the law decides who gets a share in the deceased’s estate and how much, if anything at all. The Administration of Estates Act Chapter 9:01 (hereafter referred to as the ‘Act’) governs the administration of a deceased person’s estate, including how much one can get from a deceased’s estate if they died intestate. However, before a deceased person’s estate can be distributed, Section 23 of the Act, requires that all debts, duties and expenses of the deceased person’s estate must be paid.

Spouse, Children and Cohabitant 

Where a person dies intestate leaving a surviving spouse but no children, Section 24 (1) of the Act grants the surviving spouse the whole estate after payment of all debts, duties and expenses. The estate can also be held on trust for the sole benefit of the surviving spouse.

If the intestate is survived by their children but no spouse, according to Section 24 (2) of the Act, their estate is shared equally among their children.

However, should one child die before the estate is distributed, that child’s share shall pass down to their beneficiaries, if any.

However, where the intestate is survived by a spouse and a child or children, Section 24 provides that the surviving spouse shall acquire one half of the estate absolutely and the other half shall be distributed to or held on trust for the child or children as the case may be.

Additionally, where the deceased dies intestate leaving no surviving spouse but leaves a surviving cohabitant, Section 25 (1) states that the surviving cohabitant would be treated as if they were the deceased’s surviving spouse and, as such, can acquire the deceased’s estate absolutely, if there are no children, and if there are children, can acquire one half of the estate. Furthermore, Section 25 (2) gives a cohabitant rights to the deceased estate, even where there is a surviving spouse.

It states: ‘…where an intestate dies leaving a spouse and a cohabitant and the intestate and his spouse were at the time of his death living separate and apart from one another, only such part of the estate as was acquired during the period of cohabitation shall be distributed to the cohabitant, subject to the rights of a surviving spouse and any issue of the intestate.’

Parents

Where a person dies intestate and leaves no spouse, no cohabitant or any children at the time of their death, Section 26 of the Act, states that the estate shall go to the parents of the deceased in equal shares or to the survivor of them.

Siblings, Half-Siblings, Grandparents, Nieces, Nephews, Uncles and Aunts 

Further, Section 26A of the Act provides that where the deceased died without leaving any surviving spouse/cohabitant or children or parents, only then can the deceased’s estate be given to or held on trust for his other next of kin. A deceased person’s surviving spouse/cohabitant, children and parents, therefore, have priority (in that order) when it comes to acquiring a deceased person’s estate if they die intestate.

If a deceased person has no such surviving relatives, at the time of death, then as per Section 26A, the following next of kin (in the order listed) can apply for and thereby eventually acquire their estate in equal shares:
(a) Siblings of the whole blood (hereinafter ‘full siblings’);
(b) If no full siblings, half-siblings;
(c) If none of the above, grandparents;
(d) If no grandparents, to the children of the full siblings (nieces and nephews);
(e) If no children of the full siblings (nieces and nephews), to the children of the half-siblings; and;
(f) If none of the above, then to the uncles and aunts being full siblings of the deceased’s parents and then to the uncles and aunts being half-siblings of the deceased’s parents.

Therefore, if no will is left, there is a long list of persons who are entitled to apply and acquire ownership of the estate before a distant relative such as a cousin or grandchild can.